Terms of service


Terms of Agreement


These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and LILIXIR ("Company", “we”, “us”, or “our”), concerning your access to and use of the www.lilixir.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected there to (collectively, the “LILIXIR Website”). 


You agree that by accessing LILIXIR Website, you have read, understood, and agreed to be bound by all of these Terms of Use. 


IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING LILIXIR WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of LILIXIR website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the LILIXIR Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


You are responsible for regularly reviewing these Terms of Use to be aware of any revisions. By using LILIXIR Website after the date that any new Terms of Use are posted, you agree to be bound by the changes therein and are deemed to have been informed of and to have accepted them.


The information on the website www.lilixir.com is not intended to be shared with or used by any person or organization in any country or jurisdiction where doing so would be against the law or a rule, or where doing so would require us to register there.


As a result, anybody choosing to access LILIXIR Website from another place does so at their own free will and is solely responsible for adhering to local laws, if and to the extent that they apply.


If your interactions would be governed by legislation such as the Federal Information Security Management Act (FISMA), the Health Insurance Portability and Accountability Act (HIPAA), or another industry-specific rule, you are not permitted to use this site. You are not allowed to use the website in a manner that contravenes the Gramm-Leach-Bliley Act (GLBA).


Users must be at least 13 years old to use LILIXIR Website. To use LILIXIR Website, all users must have their parent's or guardian's consent and be under their direct supervision if they are minors in the jurisdiction in which they reside (usually under the age of 13). These Terms of Service must be read and approved by your parent or legal guardian if you are a minor.



Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.





Section 1 - Online Store Terms 


By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.


By using LILIXIR Website, you affirm and warrant that you have the legal capacity and agree to abide by these Terms of Use, that you are at least 13 years old, that you are not a minor in your jurisdiction, or that, if you are a minor, your parents have given you permission to use LILIXIR Website, that you will not access LILIXIR Website using an automated or non-human method, such as a bot, script, or other programme, and that you will not use LILIXIR Website for any unlawful or improper purposes.


You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.


We reserve the right to suspend or cancel your account and prohibit any and all current or future use of LILIXIR Website in the event that you provide any information that is untrue, inaccurate, out-of-date, or incomplete (or any portion thereof).




Section 2 - General Conditions


We reserve the right to refuse service to anyone for any reason at any time.


You understand that your content (not including credit card information), may be transferred unencrypted and involve:

(1) transmissions over various networks; and 

(2) changes to conform and adapt to technical requirements of connecting networks or devices. 


Credit card information is always encrypted during transfer over networks.


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.


The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.



Section 3 - Accuracy, completeness and timeliness of information 



We are not responsible if information made available on this site is not accurate, complete or current. 


The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.


This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.




Section 4 - Modification and corrections to the service and prices 



Prices for our products are subject to change without notice.


We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


LILIXIR Website's contents are subject to alteration, modification, or removal at any time and without prior notice for any reason. We are not obligated to update any material on our website, though.


Additionally, we have the right to change or stop offering any or all of the Marketplace Offerings at any time and without prior notice. Any time LILIXIR Website or the Marketplace Offerings are changed, suspended, or discontinued, we won't be held responsible to you or any other person.


We can't promise that LILIXIR Website and the Marketplace Offerings will always be accessible. We might encounter hardware, software, or other issues or need to carry out maintenance on the LILIXIR Website, which would cause disruptions, delays, or mistakes.


We reserve the right, without prior notice to you, to alter, amend, update, suspend, cease, or otherwise change LILIXIR Website or the Marketplace Offerings. You acknowledge and agree that we are under no obligation to compensate you for any loss, harm, or inconvenience resulting from your inability to use or access LILIXIR Website or the Marketplace Offerings during any outage or discontinuation of LILIXIR Website or the Marketplace Offerings.


Nothing in these Terms of Use shall be deemed to oblige us to provide any updates, releases, or corrections in connection with LILIXIR Website or the Marketplace Offerings or to maintain and support LILIXIR Website or the Marketplace Offerings.


LILIXIR Website may contain typographical mistakes, inaccuracies, or omissions that may pertain to the Marketplace Offerings. This includes information on descriptions, prices, and availability, among other things. We retain the right to change or update the information on LILIXIR Website at any time, without prior notice, in order to address any mistakes, inaccuracies, or omissions.




Section 5 - Products or Services


Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.


We try our best to accurately represent the colors, features, specifications, and other information about the products that are offered on LILIXIR Website.


However, we cannot guarantee that the products' colors, features, specifications, and other information will be correct, thorough, up to date, error-free, or accurately reflect their true colors and other characteristics on your electronic display.



We cannot promise that things will be in stock as all products are subject to availability. Any product may be withdrawn at any time for any cause, and we reserve the right to do so. All product prices are liable to change.


We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. 


All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.


We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.




Section 6 - Accuracy of billing and account information 


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy.



Section 7 - Optional Tools 



We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.


You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through LILIXIR Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.




Section 8 - Third-party links 


Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.





Section 9 - User comments, feedback, reviews and other submissions 



You understand and agree that any inquiries, remarks, ideas, criticisms, or other information (collectively, "Submissions") that you send to us regarding LILIXIR Website or the Marketplace Offerings are non-confidential and will be the sole property of us.


Without acknowledgement or payment to you, We shall possess all exclusive rights, including all intellectual property rights, and shall be permitted to use and disseminate these Submissions for any lawful purpose (commercial or otherwise).


In addition to guaranteeing that any such Submissions are your original work or that you have the legal right to submit them, you hereby relinquish all moral rights to any such Submissions. You acknowledge that in the event that any alleged or actual infringement or misappropriation of a proprietary right in your Submissions occurs, you will have no legal recourse against us.


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 


We are and shall be under no obligation :

(1) to maintain any comments in confidence; 

(2) to pay compensation for any comments; or 

(3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 


You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.



We could give you sections on the website where you can submit reviews or ratings.



The following requirements must be met while publishing a REVIEW:


(1) You should be familiar with the person, product or thing being reviewed personally;

(2) Objectionable language, including abusive, racist, insulting, or hate speech, should not be used in your evaluations;

(3) Allusions to any of the following categories—religion, race, gender, national origin, age, marital status, sexual orientation, or disability—should not be made in your reviews;

(4) You must not include illegal activity in your reviews;

(5) If you publish unfavorable evaluations, you shouldn't be associated with rival businesses;

(6) You must not draw any inferences regarding the legality of conduct;

(7) You may not upload any erroneous or deceptive information; and

(8) You are not allowed to launch an initiative enticing people to publish evaluations, whether favorable or unfavorable.


At our sole discretion, we may accept, reject, or remove reviews.


Even if someone finds reviews unpleasant or false, we are under no obligation to screen or remove them. Reviews are not approved by us and may not reflect our views or the views of any of our partners or affiliates.


We take no responsibility for any reviews or for any ensuing responsibilities, claims, or losses.


By submitting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content associated with your review in any media.




Section 10 - Personal information 


Your submission of personal information through the store is governed by our LILIXIR Privacy Policy


By using LILIXIR Website or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. 


Please be aware that Canada, Quebec is where LILIXIR Website and the Marketplace Offerings are located. Through your continued use of LILIXIR Website, you are transferring your data to Canada, QC, and you expressly consent to having your data transferred to and processed in Canada if you access LILIXIR Website or the Marketplace Offerings from any other part of the world where the laws or other requirements governing personal data collection, use, or disclosure differ from those that apply in Canada, QC.


Furthermore, we do not knowingly sell to children or accept, request, or solicit information from them. 


Therefore, in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada's comprehensive privacy law, if we have actual knowledge that a child under the age of 13 has provided us with personal information without receiving the necessary and verifiable parental consent, we will remove that information from LILIXIR Website as soon as is practically possible.




Section 11 - Errors, inaccuracies and omissions 



Occasionally there may be information on our LILIXIR Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


We reserve the right but no obligation to:


(1) keep an eye out for breaches of these Terms of Use on the LILIXIR Website;

(2) take necessary legal action against anybody who, in our exclusive judgment, disobeys the law or these Terms of Use, which may include not only reporting such a user to law enforcement officials;

(3) deny, restrict access to, limit the availability of, or disable (to the extent technically possible) any of your Contributions or a portion of them at our sole discretion and without restriction;


(4) remove from LILIXIR Website or otherwise disable any files or content that are excessively large or otherwise burdensome to our systems at our sole discretion and without restriction, notice, or liability; and (5) otherwise manage LILIXIR Website in a way that promotes the proper operation of LILIXIR Website and the Marketplace Offerings while safeguarding our rights and property.


For the purpose of managing LILIXIR Website's performance, we will keep track of some of the information you send to LILIXIR Website, as well as information on how you use LILIXIR Website. Despite the fact that we regularly backup your data, you are solely in charge of any data you communicate or that relates to any activity you conduct while using LILIXIR Website. You acknowledge that we are not responsible for any loss or corruption of such data, and you hereby release us from any claims you may have about such loss or corruption.

 

Section 12 - Prohibited uses and activities


LILIXIR Website may only be accessed and used for the purposes for which it is intended by us. The use of LILIXIR Website for any commercial purposes other than those we have expressly permitted or supported is strictly prohibited.


As a user of LILIXIR Website, you agree not to use this website or it’s content to: 

  1. For any unlawful purpose, or to solicit others to perform or participate in any unlawful acts.
  2. For any obscene or immoral purpose.
  3. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
  4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  5. Without our prior written consent, systematically gather information or other content from LILIXIR Website in order to directly or indirectly establish or assemble a collection, compilation, database, or directory.
  6. Use the website in any way that is not authorized, such as by gathering users' usernames and/or email addresses via electronic or other means in order to send unsolicited email or by creating user accounts using automated software or false information.
  7. Make purchases on LILIXIR Website through a buying agency or purchasing agent.
  8. Place advertisements or offers to sell goods and services on the website.
  9.  Disable or otherwise tamper with security-related aspects of LILIXIR Website, such as those that forbid or restrict the use or duplication of any Content or impose usage restrictions on LILIXIR Website and/or its content.
  10. Use LILIXIR Website for illegal framing or linking purposes.
  11. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. 
  12. Try to learn critical account information, like user passwords, by tricking, defrauding, or misleading us and other users.
  13.  To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 
  14. To make improper use of our assistance services or file fictitious reports of wrongdoing.
  15. Use the system in any way that is automated, including by utilizing scripts to post comments or messages or by employing data mining, robots, or other techniques for similar information collecting and extraction.
  16. Disrupt, interfere with, or impose an unreasonable load on LILIXIR Website, its associated networks, or the services thereto.
  17. Attempting to use another user's account or pass off as that user.
  18. To collect or track the personal information of others.
  19. You can transfer or sell your profile in different ways.
  20. Harass, abuse, or damage another person using any information you've learned from LILIXIR Website.
  21. Utilize the website in an effort to compete with us, or in any other way, or to use the website or its content for a business that generates income.
  22. To submit false or misleading information; 
  23. Reverse engineer, decompile, disassemble, or otherwise attempt to understand any software that is a component of or otherwise forms a part of LILIXIR Website.
  24. Make an attempt to go beyond any safeguards put in place by LILIXIR Website to deny or restrict access to LILIXIR Website or any part of LILIXIR Website.
  25. Harass, irritate, intimidate, or threaten any of our staff members or agents who are assisting you in using any part of LILIXIR Website.
  26. Remove any content's copyright or other proprietary rights notice.
  27. Copy or modify the website's code, including but not limited to JavaScript, PHP, HTML, Flash, or other programming.
  28. Upload or transmit (or attempt to upload or transmit) any viruses, Trojan horses, or other content that interferes with anyone's uninterrupted use and enjoyment of LILIXIR Website or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of LILIXIR Website, including excessive capitalization and spamming (continuous posting of repetitive text).
  29. Upload or transmit (or attempt to upload or transmit) any material that functions as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats (gifs), 11 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"), as well as clear graphics interchange formats (gifs), web bugs, cookies, or other similar technologies.
  30. To spam, phish, pharm, pretext, spider, crawl, or scrape.
  31. Use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses LILIXIR Website, as well as using or launching any unauthorized script or other software, unless it results from normal search engine or Internet browser usage.
  32. Use the website in a way that violates any rules or laws that might be in force.
  33. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 
  34. In our opinion, disparage, tarnish, or otherwise hurt us or LILIXIR Website. 

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.





Section 13 - Disclaimer of warranties, limitations of liabilities


We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

The site is provided “AS IS” and “AS AVAILABLE”. You agree that the use of LILIXIR Website and services is solely at your own risk. We disclaim  all warranties, express or implied, in connection with LILIXIR Website and your use of it, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no representations or warranties as to the correctness or completeness of the content of LILIXIR Website or the content of any websites linked to this site and we  shall have no liability or responsibility for any:

  1. Errors, mistakes, or inaccuracies of content and materials, 
  2. Any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of LILIXIR Website,
  3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stores therein,
  4. Any delay or interruption in transmission to or from LILIXIR Website
  5. Any interruption or cease of transmission to or from LILIXIR Website
  6. Any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through LILIXIR Website by any third party, and/or
  7. Any mistakes or omissions in any content and materials, as well as any loss or damage of any kind incurred as a result of using any content posted, sent, or otherwise made accessible over LILIXIR Website.

WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, AND WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE,

You should use your best judgment and exercise caution where necessary when buying a product or service online or in any other setting.
In no case shall LILIXIR, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 


Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.



Section 14 - Indemnification


You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of: 

(1) use of LILIXIR Website; 

(2) violation of these Terms of Use; 

(3) failure to uphold your representations and warranties set forth in these Terms of Use;


You agree to indemnify, defend and hold harmless LILIXIR and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


Despite the aforementioned, we reserve the right to assume the sole defense and control of any matter for which you are obligated to indemnify us, and you agree to assist us in the defense of such claims at your expense. 


As soon as we become aware of any such claim, action, or process that is covered by this indemnity, we shall make a reasonable effort to let you know about it.



Section 15 - Severability


In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.



Section 16 - Termination


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. While you use LILIXIR Website, these Terms of Use will continue to be in full force and effect.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


Without limiting any other provision of these Terms of Use, we reserve the right to refuse access to and use of LILIXIR Website and the marketplace offerings to anyone for any reason or for no reason, including without limitation for violating any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation (including without limitation by blocking specific IP addresses). 


At any time, without prior notice, and at our sole discretion, WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED.

You are forbidden from registering and setting up a new account in the name of any third person, even if you could be acting on their behalf, even if we terminate or suspend your account for any reason.


We reserve the right to pursue appropriate legal action, including without limitation seeking civil, criminal, and injunctive redress, in addition to canceling or suspending your account.



Section 17 - Entire agreement 



The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.




Section 18 - Governing law

These Terms of Use and your use of LILIXIR Website and the Marketplace Offerings are governed by and construed in accordance with the laws of Canada, Quebec, applicable to agreements made and to be entirely performed within Quebec, without regard to its conflict of law principles.



Section 19 - Changes to Terms of Service 


You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. 

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 


Section 20 - Intellectual Property Rights 


Unless otherwise stated, LILIXIR Website www.lilixir.com is our property. All source code, databases, functionality, software,  website designs, audio, video, text, photographs, and graphics on LILIXIR Website (collectively, the "Content") and the trademarks, service marks, and logos, logotypes, logo marks  contained therein (the "Marks") are our property and are protected by copyright and trademark laws as well as other intellectual property rights and unfair competition laws of Canada, Quebec.

For your information and only personal use, the Content and the Marks are given on LILIXIR Website "AS IS." Except as expressly permitted in these Terms of Use, no part of LILIXIR Website, including any Content or Marks, may be disseminated, sold, licenced, or otherwise exploited for any commercial purpose whatsoever without our express prior written consent.


You are granted a limited license to access and use LILIXIR Website, as well as to download or print a copy of any portion of the Content to which you have lawfully gained access, exclusively for your own private, non-commercial use. This is granted as long as you are qualified to use LILIXIR Website. We hold all ownership rights to LILIXIR Website, the Content, and the Marks that are not otherwise explicitly given to you.




Section 21 - Purchases and Payment 


We accept the following forms of payment:

Visa

Mastercard

American Express

Discover

PayPal

Shop Pay

GPay


For any purchases made through LILIXIR Website, you promise to supply information that is up to date, complete, and accurate. In order for us to execute your transactions and get in touch with you as necessary, you also consent to immediately updating your account and payment information, including your email address, payment method, and credit card expiration date.


As required by us, sales tax will be charged to the cost of purchases. Prices are subject to change at any time. All payments must be made in Canadian Dollars.


You authorize us to charge your preferred payment method for any relevant shipping fees as well as all charges for your purchases at the pricing in place at the time of your order. Even if we have already asked for or received payment, we reserve the right to fix any typos or pricing inaccuracies.


Any order placed through the LILIXIR Website may be rejected by us at our discretion. We reserve the right to restrict or revoke the number of purchases made per person, per household, or per order.


These limitations may apply to orders made using the same payment method, the same billing or shipping address, or orders made by or under the same customer account. Orders that appear to have been placed by dealers, resellers, or distributors, in our sole discretion, may be restricted or prohibited.




Section 22 - Limitations and Liabilities 


In no case shall we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exempt, incidental, special, or punitive damages, including lost profit, lost revenue, or any other monetary loss.


Despite anything to the contrary included in this document, the maximum amount of our responsibility to you for any cause and regardless of the form of the action will always be the lesser of the amount you have paid to us, if any, or $1,000 CAD.


Some Canadian and international laws forbid the exclusion or limitation of certain damages as well as the limitations on implied warranties. If these laws apply to you, THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.







Section 23 - Contribution License


In accordance with the rules of the Privacy Policy and your preferences, you and LILIXIR Website agree that we may access, retain, process, and use any information and personal data that you voluntarily give (including settings).

By offering recommendations or other feedback about LILIXIR Website, you consent to our using and sharing it for any reason without paying you anything.


Your Contributions are not our property, according to us. All of your contributions, as well as any associated intellectual property rights or other proprietary rights, remain wholly yours.


We disclaim all responsibility for any assertions or representations made by you in any of your Contributions to LILIXIR Website. You expressly agree to absolve us of any liability and to forgo taking legal action against us in connection with your contributions, which you are exclusively responsible for on LILIXIR Website.





Section 24 - Dispute Resolution 


Informal Negotiations

The Parties agree to first attempt to negotiate any Dispute (aside from those Disputes expressly provided below) informally for at least thirty (30) days before commencing arbitration in order to expedite resolution and manage the costs of any dispute, controversy, or claim related to these terms of use (each a "Dispute" and collectively, the "Disputes"). Following written notice from one party to the other, such informal conversations begin.

 

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. 


YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. 

The arbitration shall be commenced and conducted accordance with the rules of law applicable in Québec, available at this website https://www.quebec.ca/en/justice-and-civil-status/dispute-prevention-resolution-processes/arbitration


Your arbitration fees and your share of arbitrator compensation shall be governed by the chosen Arbitrator and, where appropriate, limited by the rules of law applicable in Québec. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. 


The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable accordance with the rules of law of Quebec, the arbitration will take place in Montreal. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.


The parties hereby agree to, and waive any defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts, should a dispute for any reason proceed in court rather than through arbitration.


Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.


In no event shall any Dispute brought by either Party related in any way to LILIXIR Website be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Restrictions

The Parties agree that any arbitration will only cover the particular disputes between the Parties. To the fullest degree allowed by the law:


There is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class action procedures, and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. As a result, no arbitration shall be joined with any other proceeding.


Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: 


There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other individuals, and 


(1) No arbitration shall be joined with any other proceeding. 

(2) No dispute may be arbitrated on a basis of class action or by means of class action procedures. 

(3) No dispute may be brought in a purported representative capacity on behalf of any other person or group.




Section 25 - Electronic communication 

Electronic communications include messages sent to us via email, website visits, and online form submissions.

You agree that all agreements, notices, disclosures, and other communications that we give to you electronically through email and on LILIXIR Website fulfill any legal need that such communications be in writing. You also consent to receiving electronic communications from us.

THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE, ARE HEREBY AGREED TO BY YOU.

You hereby waive any rights or obligations you may have under any statutes, rules, regulations, ordinances, or other legislation in any area that call for an original signature, the delivery of paper documents, their storage, or the right to payment or credit by means other than electronic ones.




Section 26 - Miscellaneous 

The exclusive and full agreement and understanding between you and us is set forth in these Terms of Use and any policies or operating guidelines that we post on LILIXIR Website or with regard to LILIXIR Website. Any right or condition of these Terms of Use that we fail to implement or enforce shall not be deemed to have been waived by us. The utmost extent permitted by law is applied to these Terms of Use. We are free to transfer any or all of our rights and duties to another party at any time.

To the largest extent permitted by law, these Terms of Use are in effect. All of our rights and duties are transferable at any time. Any loss, damage, delay, or failure to act brought on by a factor outside of our reasonable control shall not be our responsibility or liability. 

If any term or portion of a term of these Terms of Use is found to be unlawful, invalid, or unenforceable, that term or portion is deemed severable from these Terms of Use and has no bearing on the legality or enforceability of any other terms that remain in place. 

These Terms of Use and your use of LILIXIR Website do not establish any joint venture, partnership, employment relationship, or agency between you and us. You acknowledge that the fact that we wrote these terms of use should not be used against us. 

You hereby waive any and all objections you may have to these Terms of Use's electronic format and the parties' failure to execute them by hand.


Section 27 - Mobile Terms of Service

The LILIXIR mobile message service (the "Service") is operated by LILIXIR (“LILIXIR”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to LILIXIR’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of LILIXIR through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with LILIXIR. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18334130724 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other LILIXIR mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18334130724 or email lilixir.info@gmail.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.


Section 28 - Contact information 

All questions about the Terms of Service should be sent to us at lilixir.info@gmail.com.



Last Updated: 10/30/2022

 

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